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  1. Left on our own
    COVID-19, TRIPS-Plus Free Trade Agreements, and the Doha Declaration on TRIPS and Public Health
    Published: [2022]
    Publisher:  South Centre, Geneva, Switzerland

    The cusp of the twentieth anniversary of the WTO Doha Declaration on the TRIPS Agreement and Public Health (hereafter "the Declaration") was marked by a global pandemic. The Declaration and its iteration in the Agreement on Trade Related Aspects of... more

    Access:
    Verlag (kostenfrei)
    Verlag (kostenfrei)
    Resolving-System (kostenfrei)
    ZBW - Leibniz-Informationszentrum Wirtschaft, Standort Kiel
    DS 751
    No inter-library loan

     

    The cusp of the twentieth anniversary of the WTO Doha Declaration on the TRIPS Agreement and Public Health (hereafter "the Declaration") was marked by a global pandemic. The Declaration and its iteration in the Agreement on Trade Related Aspects of Intellectual Property Rights (hereafter "TRIPS") Article 31 bis, should have helped to contain the devastation in least developed and developing countries. The reality is that the pandemic is still ongoing, and the Global South led by South Africa and India are seeking a waiver of provisions to the TRIPS Agreement to ensure that COVID-19 therapeutics, diagnostics, and vaccines reach their citizens in order to contain the spread of the COVID-19 virus ("the TRIPS waiver"). These citizens are especially vulnerable because of their inability to access vaccines due to their prices and supply shortages caused by the refusal to share manufacturing technology. The Doha Declaration aimed at reaffirming the interpretation and implementation of the TRIPS Agreement to support WTO members' right to protect public health and promote access to medicines. However, the operationalization of the Declaration via Article 31bis of TRIPS has been cumbersome and procedurally difficult to navigate. This paper argues that the current iteration of the Doha Declaration within TRIPS fails to meet the objectives of the Declaration as demonstrated by the need for a further waiver of the TRIPS agreement. It also attempts to "reimagine" Article 31 bis in light of the TRIPS waiver from the position of the Global South to make it more equitable and practicable and maintain the spirit of the Declaration.

     

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    Source: Union catalogues
    Language: English
    Media type: Book
    Format: Online
    Other identifier:
    hdl: 10419/278267
    Series: Research paper / South Centre ; 170 (17 November 2022)
    Subjects: Access to Medicines; Article 31bis; COVID-19; Diagnostics; Doha Declaration on the TRIPS Agreement and Public Health; Flexibilities; Free Trade Agreements (FTAs); Intellectual Property; Kenya; Pandemic; Paragraph 6; Public Health; Therapeutics; TRIPS; TRIPS Agreement; TRIPS Flexibilities; TRIPS Plus; TRIPS Waiver; United States-Kenya Free Trade Agreement (USKEFTA); Vaccines
    Scope: 1 Online-Ressource (circa 36 Seiten)
  2. Non-violation and situation complaints under the TRIPS Agreement
    implications for developing countries
  3. TRIPS flexibilities and TRIPS-plus provisions in the RCEP chapter on intellectual property: how much policy space is retained?
    Published: [2021]
    Publisher:  South Centre, Geneva

    The Regional Comprehensive Economic Partnership (RCEP) was signed on 15 November 2020 by 15 Asian-Pacific countries (ASEAN-Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam-, and China,... more

    Access:
    Verlag (kostenfrei)
    Verlag (kostenfrei)
    Resolving-System (kostenfrei)
    ZBW - Leibniz-Informationszentrum Wirtschaft, Standort Kiel
    DS 751
    No inter-library loan

     

    The Regional Comprehensive Economic Partnership (RCEP) was signed on 15 November 2020 by 15 Asian-Pacific countries (ASEAN-Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam-, and China, Japan, South Korea, Australia and New Zealand), comprising about one third of the world's population and economy. India was a crucial party to the negotiations but opted out of the agreement. Ratification of the agreement is still pending, subject to more Parties ratifying it at the national level. This paper provides a broad overview of the RCEP agreement and discusses the details of the intellectual property (IP) Chapter. Significantly, it does not contain substantive TRIPS-plus provisions that undermine public health in developing countries-although it does contain such provisions in other areas such as copyrights, trademarks, and IP enforcement.

     

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  4. Intellectual Property in the EU-MERCOSUR FTA
    a brief review of the negotiating outcomes of a long-awaited agreement
    Published: 2021
    Publisher:  South Centre, Geneva

    Access:
    Verlag (kostenfrei)
    Verlag (kostenfrei)
    Resolving-System (kostenfrei)
    ZBW - Leibniz-Informationszentrum Wirtschaft, Standort Kiel
    No inter-library loan
    Export to reference management software   RIS file
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    Source: Union catalogues
    Contributor: Correa, Juan I. (MitwirkendeR)
    Language: English
    Media type: Book
    Format: Online
    Other identifier:
    hdl: 10419/232254
    Series: Research paper / South Centre ; 128 (February 2021)
    Subjects: Biodiversity; Border Enforcement; Copyright; Disclosure; European Union (EU); Exhaustion; Free Trade Agreements (FTAs); Geographical Indications; Industrial Designs; Intellectual Property; Intellectual Property (IP) Enforcement; Level of Protection; MERCOSUR; National Treatment; Patent; Plant Variety Protection (PVP); Public Health; Trademarks; Traditional Knowledge; TRIPS; TRIPS Plus
    Scope: 1 Online-Ressource (circa 44 Seiten)